James Clarke

Partner

Melbourne

+61 3 9679 3093 | +61 478 274 903

james.clarke@ashurstperkins.com

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Overview
Experience

Introduction

James delivers commercially astute advice on complex disputes, regulatory investigations and governance matters across key industry sectors.

James Clarke assists clients to resolve complex and high-value litigious, regulatory and governance matters, with particular experience in the energy, resources, infrastructure and financial services industries, where he is known for his responsiveness and ability to distil complex factual and legal issues into clear, practical strategies that deliver results for his clients.

James has particular authority in the energy, resources and infrastructure sectors, having advised Australian and international companies on various contractual disputes, ESG claims, construction disputes, white collar crime investigations, consumer protection disputes, class actions and arbitrations.

James also regularly advises clients in the financial services sector, including in relation to regulatory and white collar crime investigations, disputes arising out of mergers and acquisitions, class actions and privacy complaints.

Professional Experience

An Australian agribusiness company | Partner | 2026 | Defending a Victorian Supreme Court class action in which local residents alleged that noise and odor emissions from a processing facility created a nuisance and were in breach of the general environment duty under Victorian environmental legislation.
Victorian sporting stadium trustee | Partner | 2026 | Acting in an expert determination defending a broad range of claims by the head contractor responsible for construction of a stadium redevelopment project, including hyper-escalation, delay, variation, and frustration claims.
Major rail project | Partner | 2026 | Defending an ACICA arbitration commenced by a State government alleging design issues at a railway depot.
ASIC | Partner | 2026 | Acting in Full Court of the Federal Court proceedings defending an appeal against a first instance judgment in which ASIC obtained a $10 million penalty against a public company, and a $1 million penalty and six years disqualification order against its managing director and CEO, for breaching disclosure laws and director's duties.
International co-work space provider | Partner | 2026 | Acting in Victorian Supreme Court proceedings seeking a declaration of valid termination of a lease and significant damages for lost profit and property damage arising from a diesel leak incident at leased commercial premises in the Melbourne CBD.
EnergyAustralia | Partner | 2025 | Defending Federal Court proceedings brought by Parents for Climate in which it is alleged that EnergyAustralia engaged in misleading or deceptive conduct by marketing its Go Neutral energy product as carbon neutral based on the use of carbon offsets.
Department of Energy, Environment and Climate | Partner | 2025 | Defending Federal Court proceedings brought by an activist organization alleging that bushfire management activities proposed to be carried out by the Department may impact engaged species of possum and glider contrary to the Environment Protection and Biodiversity Conversation Act.
Japanese construction machinery manufacturer | Partner | 2023 | Defending Supreme Court proceeding in which minority shareholders in a steel products joint venture alleged breach of contract, misleading or deceptive conduct and various other misconduct in respect of the acquisition of a majority interest in the joint venture and subsequent operation of the joint venture.
International business conglomerate | Partner | 2023 | Acting in arbitration proceedings pursuing claims under an electricity supply agreement for recovery of service fees in respect of management of a pass through power purchase agreement.
Major Australian bank | Partner | 2022 | acting in arbitration proceedings administered by the Singapore International Arbitration Centre concerning a claim by a Vietnamese bank in respect of a tax dispute arising out of the sale of a retail banking business in Vietnam.